How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask socrateaser Your Own Question

socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 33564
Experience:  Attorney and Real Estate broker -- Retired (mostly)
Type Your Real Estate Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

I was given a 24 hour notice to vacate the apartment I live

Customer Question

I was given a 24 hour notice to vacate the apartment I live in for something that someone contacted the Leasing Office stating that my son was involved in an incident. The notice stated that on information and befief, you have committed multiple defaults of the Lease, including, but nit limited to, the following: Stating that it was reported that my son intention ally bumped into a female and her companion while walking down the sidewalk. When the young lady commented that he and his companion should say "excuse me,"she claims that my son pulled a gun and pointed it into the girl's face and told her that even though she was a girl, she could get popped, too. Stating the foregoing curcumstances constitute multiple grounds for termination of your tenancy including, but not limited to, Paragraphs 19, 20, 24 and 32 of the Lease Agreement. I have always paid my rent on time and my son do not own any gun and when the police pulled him and his friend over no gun was found. Please help me.
Submitted: 4 years ago.
Category: Real Estate Law
Expert:  socrateaser replied 4 years ago.

The landlord cannot simply order you off the property. If you have done nothing wrong and there is no evidence to support a termination of the lease, then even if the landlord sues to evict you, the suit will be lost and your lease will be reinstated. You may want to notify the landlord in writing that your position is that you are not in violation of any of the alleged lease conditions, and that you are prepared to defend yourself against those allegations in court, if necessary.

 

Assuming that your son does not own a gun and no gun was found, then the witnesses who claimed that your son pulled a gun on them will not look very credible to a court.

 

Nevertheless you will need a tenant's rights lawyer to defend you if the landlord sues to evict. Here is a link to possible legal aid services that may be able to help.

 

Hope this helps.

 

Terms and Conditions: By your continuing in this conversation with me, or by your clicking “Accept”, you are expressly agreeing to all of the following: (1) our communication is for entertainment purposes only; (2) you are not consulting me in my professional capacity as an attorney; (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises (and you may not use our communication to avoid taxpayer penalties imposed by the U.S. Dept. of Treasury); (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf, but rather is made in genuine admiration and respect for my desire to help others. If you do not agree with these terms and conditions, then you must advise me immediately.

Customer: replied 4 years ago.
Relist: Incomplete answer.
Expert:  socrateaser replied 4 years ago.
I do not see where I have failed to address your question. Please advise.
Customer: replied 4 years ago.
I sent you a list of items that they said that my son was supposed to have done and also about the 24 hours notice and now they are telling me that if we move now we can get our rent back that we paid. But due to the answer you gave I was not satified with your answer because I really need more information from you and you really did answer all what I asked. Thanks.
Expert:  socrateaser replied 4 years ago.
Do you have some other questions that I can clarify?
Customer: replied 4 years ago.

Yes, I will need to get more information concerning this matter due to the lawyer that represent the apartment community who informed me that the Management office is saying that if we move out by 4 PM tomorrow(Saturday-May 15, 2010) they will not file eviction on us as well give us bad report when companies called to verify our rental history. And will give us half of our money we paid this month and will not sue for the rest of the rent we will owe for the remaining of the lease. I feel this is unfair due to hear say. I pay my rent each and every month without any problems. I feel like we are being treated like common trash. Please help some more.

Expert:  socrateaser replied 4 years ago.

Don't let your feelings control this situation. It's just business. You have to decide whether you want to fight, or take the lawyer's offer and leave. If you can find a tenants rights lawyer to defend you, you probably have a pretty good case, because based on your stated facts, you haven't breached the lease agreement. It's basically the woman's word against your son's, and without proof that he owns or is in possession of a firearm, their testimony is uncorroborated, and the court will give it little weight.

 

So, unless you're leaving something out of the story, I don't see how you can be evicted at all. But, the management can try, and if they do, you will need legal representation to defend against the eviction.

Customer: replied 4 years ago.
I moved out thof the apartment due to the fact I made the mistake to sign a new lease anyway. So right now I am living with a relative to which I am looking for my money that the apartment management office in Alabama is sending me. I was informed that check my check have been mailed. But when we go to get our mail and was informed that my check will be mail to the office on the property we are informed by the leasing agent that we can be arrested for tresspassing on the property and that what they tell my husband that he can't come on the property. I feel now that they are messing with all Black family that live on the property because they have gotten grant money from the government and now want all Black family out of their property because they have arrested two other kids from the property that chose to fight them. Stating that they have broken into people apartments and also vacate apartment. They are trying to destroy these kids future. But anyway I chose to move because I was not happy there. So what other option do I have. Please help me one more time.
Expert:  socrateaser replied 4 years ago.

Please click "Accept" if you are satisfied with my previous answers, and then open a new question at the justanswer.com home page.

 

Thanks for your cooperation.

Customer: replied 4 years ago.
Relist: Answer quality.
I would like for my answers to be more complete. I know you are answering some of the quetions but not to my happiness. I still do not feel secure with the answers.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    6227
    20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    4966
    13 years real estate, Realtor. Landlord 24+ years
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    4446
    I've more than 27 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg Ray's Avatar

    Ray

    Lawyer

    Satisfied Customers:

    4030
    Texas Attorney for 29 years dealing in real estate
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    2377
    12+ yrs. of experience including real estate law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    2355
    B.A.; M.B.A.; J.D.